Firstly, it is a shame that they have listed it for Thursday as I do think some help would have been good, particularly since the application for the warrant seems to have been made after the six year deadline. Are you able to call into the court tomorrow or Wednesday morning when advisers will be available to get some face to face advice and guidance on what to say to the judge? At least if you were able to speak to an adviser before the hearing so that they could have a look at all your paperwork (the claim form and particulars of claim, the latest statement of missed payments etc.) they will be able to give you a more accurate .view on where you stand. I am beginning to think that you ought to have applied for a set aside of the warrant, rather than make a stay application. Secondly, when you say your mum left all her jewellery to your daughter, that generally means that the jewellery belongs to your daughter and you would not be at liberty to sell it to pay your debts - even if that keeps the roof over your child's head.

What is your actual problem? Because I can tell you now, you are barking up the wrong tree if you think you have any legal recourse against securitisation.

The person who can help is your broker, who has sent everything to the Halifax to get the underwriters to look at your application. Not sure what else you think anyone here can do. If everything is as you stated it to be, then the underwriters won't find a problem.

If you take your N244 in this week you will almost certainly get a hearing, probably on Monday or Tuesday if the eviction is listed for Thursday - if you want duty advice you will need to ask the court to list your stay hearing on Monday or Tuesday next week...possibly Wednesday as there is no advice available on Thu/Fri at Willesden.

Firstly, you need to be a bit patient - most of us have day jobs so we're not going to respond immediately to posts online. Secondly - you have a point which your mortgagee doesn't seem to have considered, which is that they applied for a warrant of execution after the six year deadline, which means that in theory they should have applied to the court to use the previous SPO. I say 'in theory' because your arrears haven't reduced since the previous order, so it is quite unlikely that the court would not have given them permission to execute the order even if they apply in restrospect (and they may have made an application and you were just not informed - which shouldn't happen). In any case, you should mention the fact that the SPO was over six years old at the time the warrant was executed. You will need to be honest in your application to the court to stay the eviction and accept that you have not made regular payments, but explain clearly how and why you can now meet them going forward. I doubt that you will lose your home - repossession is supposed to be a last resort, and if you are in a position to pay going forward, that is what the judge will consider. I presume this is the first time that you have had to make a stay application? If yes, then there is an even stronger likelihood that the judge will give you another chance. Try to stop panicking - Ell-enn has written lots of statements for stay applications and does a sterling job, so follow her guidance. You mention 'Wilsden' - I am presuming that you mean Willesden (you did mention dyslexia if I am not mistaken)...if yes, Willesden has an excellent duty scheme, so once you have a date for your hearing, you should be able to go along and speak to someone - and hopefully your hearing will be listed on a day the advisers are present in court (Mon, Tue and sometimes Wed mornings).

I am afraid this doesn't make sense. The original arrears were £10,681.82, with you agreeing to pay £120 a month off the arrears - if you had not missed any payments in the last six years you would have reduced the arrears by £8640, just on the £120 per month...yet you state you always pay £700...leaving over £200 per month towards the arrears, which would have cleared the arrears in their entirety as £200 per month over 6 years is over £14k. So you've obviously got something wrong there if the arrears are now £11140.84, or even if, taking off the £3k you say you have paid, leaving £8114. Something is drastically wrong if your arrears are now higher than they were six years ago when the SPO was granted. Please clarify. The fact that the SPO was more than six years old (you'll have to specify if the date the warrant was executed was before 7th November 2013 to be certain of whether it was old or not), would mean that the mortgagee would need to go to court to ask permission to use it. If it was executed before 7th November 2013, they do not need the court's permission.

DX100 - I replied to the OP's IM, please forward it to her.

Your father is going to have to act extremely quickly - and whatever action he takes will implicate his wife...just so you know that. It's going to be a bit of an uphill struggle - so I'd suggest that the first point would be to speak directly to Kensington, inform them that your father will be taking action and ask if they are willing to allow re-entry and accept whatever payment proposal your father is willing to put forward. That said - your mother is going to be in a difficult position (as well as just how did she manage to keep not only the accruing arrears, but also the initial court case, the subsequent court case AND the appeals without him knowing?)... Don't get your hopes up - if your mother told the mortgagee that she was acting with full agreement from her husband (and she'd have had to show the court a letter of authority from your father to act on his behalf there), then your father's actions may open up a can of worms for her.

If the answer to the above question is 'yes', then the process has been correct, insofar as the court is concerned. Your mother has deceived your father, and he may have a claim against her. If the answer to the above question is 'no' and your father is the sole mortgagor, then the possession proceedings can be challenged on the basis that your father was not aware they were taking place - however you WILL need a solicitor as the arguments are complex given that possession has already been taken. If Kensington sent the IFA, then they are also responsible for his actions - so there is another potential claim there - against the IFA and against Kensington since he was obviously acting under their authority to try to resolve the arrears. Go to the Law Society webpage (google the words 'find a solicitor') so that you can locate one in your area who specialises in repossessions. Do not use any of those online companies that claim to be able to help you for a fixed fee - this is not something they'd be able to deal with effectively.

Are your parents joint mortgage holders?

The DWP SMI interest rate has gone down in the last few years - so if your current mortgage interest rate is above 3.63%, then the SMI payment will not cover the interest portion of the mortgage. If that is the case, then you will need to consider other options to meet the shortfall - asking for a payment holiday for example.

The sensible - and very easy thing to do if you are in employment with a reasonable credit score, is to take out another mortgage. Not ideal, but definitely the easiest thing to do and Santander can assist you with this. The alternative is to ask them what the maximum period is that they will allow you to repay the shortfall over (often with Santander it is 2 years - but you do need to check), and then you'll need to work out whether you can afford it, as they will obviously add interest to the 40k too. As a ballpark figure, you're probably looking at around £1800 a month to repay that in 2 years...which is why you can see why the best advice is to take out another mortgage. As regards misselling of your endowment - that is probably a boat long missed as Santander (as other lenders) sent out letters to those with insurance based mortgages asking them to check that their policies would not be leaving shortfalls - and in fact, in the last few years of the mortgage, those letters come more frequently.

The solicitors instructed by the Halifax are supporting a complaint against the Halifax? They are not obliged to change the payment date, only consider it. If they choose not to, there is nothing you can do about it. But that said, you're already massively in arrears, if you made an arrangement and stuck to it, the fact you are paying on an alternative date wouldn't be such an issue, because you could agree the first payment under the agreement would be on a specified date...e.g. if your payment is due on 1st of the month, you could arrange your first payment for 20th of the month and say it is for the following month...that way, you are always paying 'ahead' of the 1st of the month. People often blame the payment date for the reason they are behind...but if the payment date was the problem, they could just be one payment behind and then make a plan to pay those arrears off, whilst paying the remaining payments on time. The payment date here isn't your issue - it was your health, and you should point out that you are suffering again because you have not been able to resolve this (put it in writing to Halifax, you can then present a copy to court in the future if necessary). If they ask for and get a money judgment, it goes on your credit file. It'll be notified as defaults anyway, so your credit will already be shot. With 12k of arrears it is very unlikely proceedings will be stopped even if they agree a repayment plan. The likelihood is they will agree a payment plan on condition that they will continue to court and obtain a suspended possession order. If the arrears are paid in full with your employer's support then the proceedings may not 'stop', but they may be adjourned with liberty to restore should you fall behind again in the next twelve months. You are likely to find it extremely difficult to remortgage at this stage, or at any stage until any defaults drop off your credit file. It is likely any remortgage will look to see how your current mortgage is run by checking your credit files and therefore your arrears position will be seen, even if the arrears have been cleared. It may take you a while to rebuild your credit profile. No, you can't claim compensation. They haven't done anything wrong in asking you to pay your missed payments and in proceeding to court when you haven't paid. If they have not adequately followed the pre-action protocol then you can ask the court not to allow them to add the costs of the proceedings to your mortgage account or the security. (Use the correct wording.) Other than that prospect (and it is just a prospect if the judge decides they've not followed the rules), you have no claim against them whatsoever. Your easiest option is to take your employers' assistance if they have offered it - though that just leaves you owing them money, or to make a final offer to repay the arrears to Halifax and see if they accept it. If they do not, you go along to the possession hearing and make the offer to the judge, who will likely accept it if it will clear the arrears in a reasonable period of time (reasonable being the whole length of the remaining term of the mortgage if you need that long in relation to your finances - do an I&E). But, with 12k arrears, expect there to be a suspended possession order too.

I appreciate that you feel you can't deal with both rent and council tax - but you MUST. The consequences for not dealing with both are dire. If you go along to CAB they can help you with all of it, and may even be able to speak to the council officer on your behalf (you give your permission for them to do so), and then you can get everything sorted out in one go. There is absolutely no point in burying your head in the sand any longer. You've been wise enough to come on here to get some advice, so don't ruin it all by thinking you can stick your head back in the sand. You can do it, and once you have, you'll start to feel a lot less pressured as you'll know that it can all be sorted out. It really isn't the end of the road, but you can't leave it any longer. Go to CAB as soon as you can. And to answer your question: no one can really state definitively how long after they apply for the WoE before you receive a notice of eviction - it could be as little as a week, or as much as three or four weeks (sometimes more), but it all depends on how busy the bailiffs are and when your area is scheduled for evictions.

You need to contact the council and explain your circumstances to them. Not doing so will make them think you are ignoring the court order and they will simply apply for a warrant of execution and you will receive a notice of eviction. Most council's do not want to make you homeless if you can afford to pay - clearly you've got some difficulties with managing money and you need to admit to these. It might be possible for you to agree with your employer to deduct your rent payments and for these to go directly to the council. But you need to speak to the council first and let them know what is going on so that they do not apply for the warrant of execution. The council tax situation is more serious - you also need to contact the council with regards to this and make an offer to pay. After two years I am surprised they have not got a liability order against you. Either way, you need to sort it out as they can apply for an attachment of earnings - and at worst, can ask for you to be committed to prison for non payment. The debt is far easier to deal with - visit your local CAB and ask for some debt management advice. They can help you write letters to your creditors and you may get away with paying as little as a £1 per month token payment until your financial situation improves. Finally, get some help for your gambling addiction - it'll see you on the streets if you don't get a firm grip on it.

So you really think I have time to trawl through lots of extraneous information? There are SO many ungrateful people on forums - they post inaccurate information and expect accurate guidance. Then whinge when they are told. Some of the further 'advice' given is wrong. I don't have time to correct it.

You got an answer too. Though I see you are ungrateful for it. In which case PPO. You specifically stated the rent was increased in line with LHA. If you have had other increases it makes no material difference to what I stated. They're not relevant - the poster thinks she's proving a point by showing her ability to google.

That case involved a third party and the binding of them to an agreement they were not party to. Which you would know had you read the actual case and not a website's dissemination of it. So you've shown you can google, what you haven't shown is that you can discern what is relevant to a person's specific circumstances and what is not.

Why would you want to see that? Proper service of the correct notice WILL result in a possession order on mandatory grounds. That is a fact. You're fooling yourself (and attempting to fool others) by thinking that a disability is any reason for a court case to fail. Clearly you're not an expert in law, period. This is landlord & tenant law. That aside, there is nothing in this thread anywhere that says '2 weeks to evict'.

You do realise that your posts get emailed to everyone in the thread...don't you?

How much is the rent? Is there a shortfall between the HB and the rent? He's currently got an exceptionally good deal, so he should stick to it. If legal proceedings are started, depending on how many weeks of rent the arrears amount to, there is a possibility of a suspended possession order, or, at best, an adjournment on terms. The former would mean that costs would be added, the latter that costs would likely be reserved - but in both cases, the court would order the minimum payment made towards the arrears, which is currently £3.60 per week. So your friend, being asked to pay £5 per two weeks, is currently underpaying the minimum the court could award the LL, by £1.10 per week... It makes no sense for your friend to try and make a fuss about this - pay the £5 per fortnight or expose himself to potential court proceedings, a possible suspended possession order (I doubt outright possession would be given), potential costs, and a higher weekly amount to pay.

'Since June 2014' was one example - I can't be bothered going through the lengthy post again - suffice to say, it didn't make a whole lot of sense. If your friend can't afford less than £400 per month for accommodation then there is a serious problem with her finances. Mortgage Rescue, as linked to by Honeybee above, looks to be the only option available to her. However, once her child is 18, she won't be eligible anymore unless she has some form of disability (or the child does).

The whole thing as to whether your deposit would need protecting would depend on a judge's decision on whether a new tenancy was created with the rent increase. I would state that a new tenancy was created at that stage, and therefore your deposit had to be protected within 30 days. That said, are you planning on leaving any time soon? Seems to me that having the same rent for 11 years is pretty good going, and now you want to punish your LL for raising it in the past year. I'd have a legal argument whether I was defending or claiming possession for a case like this - so don't think it'll be a simple matter. Far better to suggest to your LL that you would like him/her to protect the deposit on the basis that the rent has increased and you think that might imply a new tenancy. That way your deposit gets protected and if you decide to move you can claim it back - which is the whole point of the protection issue, and NOT gaining 1-3 times the amount as a bonus.

That is the point I made. The lowest amount of time is the preferable advice - if it then extends, the tenant can think themselves lucky. Exactly, and since I've been in court thousands of times with possession cases, I am undoubtedly in the best position to state what is more likely to happen than someone who 'had a s21 notice served on them by their LL'. The number of times I've had people come in to court saying they read something on the internet that some random idiot person who claimed to have experienced it themselves and therefore their experience was the accurate way, is countless. Disabusing such people that their stance is correct is a pain in the butt. It is probably one reason so many lawyers give their time for free on forums like this - to stop ourselves having to deal with that type of nonsense in court. Equally having to deal with idiot LLs who have also read idiot information on the internet!

It can't be. You were at the hearing. The judge dismissed your claim that the deposit hadn't been protected. WHY? He/she would have given their reasons in the judgment.